A group of consumers have filed a proposed class action against a North Carolina kombucha company, alleging the company misleads consumers as to the alcohol content of its beverages. Burke v. Tribucha, Inc., No. 22-0406 (E.D.N.C., filed October 6, 2022). Kombucha is a fermented tea drink that, when made without pasteurization, can develop a high amount of alcohol, their complaint argues. The plaintiffs, who live in Florida, Illinois, Virginia and Tennessee, assert that Tribucha failed to disclose that its raw kombucha is an alcohol beverage, instead labeling the products as containing only trace amounts of alcohol. They allege that the beverages contain more than twice the alcohol allowed for non-alcohol beverages. “Defendant’s disclaimer that the Products ‘contain a trace amount of alcohol,’ is woefully inadequate as it does not contain the mandated Surgeon General warning, is not prominently featured on the product, and is still sold to consumers under 21…
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Three consumer groups have filed suit against the U.S. government urging action on a nearly two-decade-old petition seeking greater transparency in alcohol labeling. Center for Science in the Public Interest v. U.S. Dep’t of Treasury, No. 22-2975 (D.D.C., filed October 3, 2022). The plaintiffs—the Center for Science in the Public Interest, Consumer Federation of America and National Consumers League—are suing the U.S. Department of Treasury and Alcohol and Tobacco Tax and Trade Bureau (TTB), calling on them to require alcohol labeling “with the same basic transparency consumers expect in foods,” such as alcohol content, calorie and ingredient information. The groups initially filed a 2003 petition along with 66 other organizations and eight individuals, including four deans of schools of public health. “Enhanced transparency in alcohol labeling is a commonsense step that can help address the health and safety concerns related to the consumption of alcohol and would allow consumers to…
The U.K. Advertising Standards Authority (ASA) has barred Eden Mill Distillery from using a social media ad for Ramsay's Gin featuring cofounder and celebrity chef Gordon Ramsay that the organization found to have made non-permitted nutrition claims about alcoholic drinks. ASA received and investigated a complaint about a March 20 ad posted to Ramsay’s Gin’s Instagram and Facebook pages. The ad featured a bottle of Ramsay’s Gin with text that stated that the honeyberries used in the product “retain the rich flavours and micro-nutrients that come from Scotland’s wonderful terroir.” The ad additionally claimed the honeyberries contain “more antioxidants than blueberries, more potassium than bananas, more vitamin C than oranges.” After considering the ad’s claims, ASA concluded Eden Mill was not permitted to make claims regarding nutrient content in relation to alcohol. ASA upheld the complaint and barred the distillery from using the ad again in its same form. ASA…
The U.K. Advertising Standards Authority (ASA) has not upheld complaints against Heineken UK Ltd. arguing that the company’s underground and Reddit advertisements particularly appealed to those under the age of 18. ASA received complaints about two ads, including a poster ad at Paddington underground station and a paid-for ad on Reddit. The ads included computer-generated images of people holding a can of Heineken beer. Complainants asserted that they are likely to appeal particularly to those under 18, in violation of CAP Code 18.14. ASA noted that the characters in the ads had been created specifically for Heineken's ad campaign and were not based on any existing characters. Additionally, ASA concluded that neither characters were shown engaging in any activity that would particularly appeal to those under 18. "Both were depicted wearing stylised clothing, and the female character’s armour-like clothing and stylised hair, in particular, were reminiscent of the sort of…
U.S. Sen. Ron Wyden (D-Ore.) and Rep. Earl Blumenauer (D-Ore.) have reintroduced legislation that would "ensure that kombucha beverages are exempt from excise taxes and regulations intended specifically for beer and other alcoholic beverages," according to a press release. The KOMBUCHA Act would increase the alcohol-by-volume level at which alcohol taxes would be applied to kombucha, "a nonintoxicating beverage made from a combination of tea, water, and a symbiotic culture of bacteria and yeast," to 1.25% rather than the existing standard of 0.5%. "This amount of alcohol in kombucha is usually less than 0.5 percent alcohol, but because of the natural process of fermentation, the alcohol content may occasionally increase slightly, especially during transport or handling by third parties," the press release states. "Today, under the Internal Revenue Code, beverages with more than 0.5 percent alcohol-by-volume are subject to excise taxes intended for beer. But the reality is, consumers do…
Three consumers have filed a putative class action alleging Kombucha 221 B.C. sells kombucha that contains "more than twice the allowed alcohol" for a nonalcohol beverage. Brothers v. Mad at S.A.D. LLC, No. 21-60542 (S.D. Fla., filed March 9, 2021). The plaintiffs, who allege they purchased the kombucha for consumption at work, argue that the kombucha beverages "are sold to unsuspecting children, pregnant women, persons suffering with alcohol dependence issues, and a host of other people for whom alcoholic consumption may pose a grave and immediate safety risk." The complaint asserts that the nature of kombucha allows the product to continue fermenting, growing to a higher percentage of alcohol by volume by the time the product is consumed. "While Plaintiffs do not know whether BC Kombucha is below 0.5 alcohol by volume at the moment it leaves Defendant’s distribution center, what is clear is that the beverages are significantly above…
The U.K. Advertising Standards Authority (ASA) has upheld a complaint against BrewDog Beer for a print ad and an outdoor poster ad that displayed "F--k You CO2. Brewdog Beer Is Now Carbon Negative" with the dashes obscured by a can of beer. ASA found that the poster ad "had been placed in accordance with guidelines on proximity to schools and religious buildings; that the ad had run during school summer holidays and that one local authority (Newcastle City Council) had been asked and considered the ad acceptable for use." However, the board found that the ad "was so likely to offend a general audience that such a reference should not appear in media where it was viewable by such an audience. We therefore concluded that the ad was likely to cause serious and widespread offence and was not appropriate for display in untargeted media." ASA upheld the complaint as it…
Europol and Interpol have announced the seizure of 320 additional tonnes of "counterfeit and substandard food and beverages" following an operation that involved 83 countries, bringing the operation's seizure total to about 12,000 tonnes. "This year’s operational activities have found a new disturbing trend to address: the infiltration of low-quality products into the supply chain, a development possibly linked to the COVID-19 pandemic," the press release notes. The operation, which focused on dairy foods, olive oil, alcohol and horse meat, also identified counterfeit cereals, grains and derived products as well as coffee, tea and condiments.
The Swiss Federal Administrative Court has reportedly ruled that Jägermeister can use its logo, "a stag with a shining white cross between its antlers," on a variety of products in Switzerland because it is not offensive to religion. The Swiss Federal Institute of Intellectual Property had argued for a restriction on the use of the logo, asserting that the "image was offensive to the religious leanings of some consumers," according to Swiss Info. The court reportedly disagreed, finding that consumers associate the logo with Jägermeister rather than the story of St. Hubert that inspired the logo.
The Portman Group, the U.K. alcohol industry's self-regulatory authority, has upheld a complaint against Trinchero Family Estates for its Ménage à Trois Midnight wine. Zenith Global brought a complaint arguing that the wine's name and marketing copy may breach the code by creating links between the product and sexual activity or sexual success. The panel agreed, finding that the text on the label—including "savour the pleasures of the dark"—did not dispel the sexual connotations of the Ménage à Trois name, which purportedly refers to the wine's blend of three varietals. “In this case, the Panel urged the producer to avoid linking the sexual meaning of the name to the product and remove the text description on the bottle which did this," the panel's chair commented in a press release. "The Panel’s decision is a reminder to all producers that care must be taken when marketing a product to ensure that…
